If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Beacon at ContactCanada@becn.com.
1. License to Use the Site.
- Subject to these Terms, Beacon hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Beacon or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
2. Product Orders.
- Some products shown on the Site are available for purchase. The terms and conditions set forth in Beacon’s Terms and Conditions of Sale will apply to all product orders through the Site. These terms can be accessed here: Terms and Conditions of Sale.
3. Account Registration.
- You represent that the personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
- Beacon reserves the right in its sole discretion to remove or delete any or all information from your account or the Site at any time and for any reason. You understand that Beacon cannot guarantee that your account will always be available to you or error free. Beacon may terminate or suspend your account for any reason in its sole discretion with or without notice to you. Additionally, Beacon reserves the right to stop offering any account feature of the Site or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account, including User Content (as defined herein) and Order History, may no longer be available to you. Beacon has no obligation to make your User Content or Order History available to you and you should not rely upon your account as your sole record of this information.
4. General Restrictions on Use.
- You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
- You will not (and will not attempt to): (a) access the Site by any means other than through the interfaces that are provided by Beacon; (b) gain unauthorized access to Beacon’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Beacon’s networks and computer systems; (c) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” commercial electronic messages or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Beacon; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.
5. Content on the Site.
- As between you and Beacon, Beacon owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, any software concepts or other intellectual property rights and documentation and other material on, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Beacon, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Beacon or its affiliates, licensors, suppliers, or vendors. These trademarks may not be used without the express written permission of Beacon or the relevant owner of such trademarks. Unless expressly written otherwise by Beacon, you do not have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
- Unless otherwise noted, you may download or print text and image files from the Site (such as white papers, press releases, datasheets and FAQs) solely for informational purposes, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with these Terms and all other terms or restrictions which may be applicable to the individual file, image or text. Use for any other purpose is expressly prohibited.
- The information that you provide as a user of the Site is sometimes referred to as “User Content.” This may include information about projects, store location settings, order information, and photographs of homes. By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, image or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
- Beacon expressly reserves the right to remove any information or materials posted or transmitted, including any User Content, for any reason or for no reason. Beacon will fully cooperate with any law enforcement authorities or court order requesting or directing Beacon to disclose the identity of anyone posting any such information or materials. Beacon is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
6. Errors, Inaccuracies, and Omissions
- Beacon has made every effort to display as accurately as possible the colors of the products that appear on the Site. However, since the actual colors you see depend upon your computer and monitor, Beacon cannot guarantee that the display of any color will be completely accurate. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Beacon reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Beacon cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in its sole discretion.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. A PORTION OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY THEREFORE NOT APPLY TO YOU.
- Beacon expressly disclaims, to the fullest extent permitted by applicable law, any express, implied, legal or statutory warranties: (i) that the Site, Site Content, goods, services, advice, information or links provided or displayed on the Site will meet your requirements; (ii) that the Site will be uninterrupted, timely, secure or free from error or that any errors will be corrected; (iii) that defects in the operation or functionality of any software provided to you as part of the Site will be corrected; and (iv) regarding the Site, Site Content, goods, services, advice, information or links provided by any third parties or users. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEACON AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, OR WHETHER WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
- You understand that the technical processing and transmission of any Site Content and User Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Beacon does not guarantee that any information sent to or from the Site will be secure during transmission, nor can Beacon guarantee the confidentiality of any communication or material transmitted to it via the Site or the Internet, including, for example, personal information such as your name or address. Beacon reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Beacon assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
8. Links To and Features Provided by Third Parties.
- Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Beacon. Beacon does not guarantee the accuracy, completeness or usefulness of any content. Furthermore, Beacon does not endorse and is not responsible for the accuracy and reliability of any third-party opinion or statement published on the Site.
9. Service Access.
- While Beacon endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Beacon’s control.
10. Limitation of Liability.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. A PORTION OR ALL OF THE FOLLOWING LIMITATIONS MAY THEREFORE NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGE CAUSED BY WILLFUL INTENT OR GROSS NEGLIGENCE, BEACON AND ITS AFFILIATES, SUBSIDIARIES AND LICENSORS AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE OR INCOME, PROFITS, GOODWILL OR DATA) IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE, SITE CONTENT, OR USER CONTENT IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT OR ANY WEBSITES LINKED TO THE SITE; ALL THE FOREGOING REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, WHETHER OR NOT YOU OR BEACON HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BEACON AND ITS AFFILIATES, SUBSIDIARIES AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE FOREGOING EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BEACON AND ITS AFFILIATES, SUBSIDIARIES AND LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL BEACON HAS BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify and hold harmless Beacon and its affiliates, subsidiaries and licensors and their respective officers, directors, employees, shareholders or agents (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with (i) your use of the Site, the User Content, the Site Content, the services, products, information and other materials on, in and made available through the Site (except to the extent attributable to Beacon), (ii) your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, or (iii) any breach by you of these Terms, and you will indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable lawyers’ fees and disbursements) arising out of or incurred in connection with such Claims.
This defense and indemnification obligation will survive these Terms and your use of the Site. Beacon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 11 without the prior written consent of Beacon.
12. Complaint Procedures.
- If you believe that any content or postings on the Site violates your intellectual property or other rights, please send to Beacon at ContactCanada@becn.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Governing Law.
- To the fullest extent permitted by applicable law, these Terms and use of the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. To the fullest extent permitted by applicable law, you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario, for purposes of any legal action arising out of or related to the use of the Site or these Terms.
- The Site is controlled and operated from within Canada. Without limiting anything else, Beacon makes no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside Canada do so on their own will and are responsible for compliance with applicable laws.
- The failure of Beacon to exercise or enforce any right or provision of the Terms will not operate as a waiver of any such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation”.
- The parties hereto have expressly requested that these Terms and any ancillary documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes modalités et tout document y afférant soient rédigés en langue anglaise.
If you have any questions about the Terms, write to
Beacon Roofing Supply Canada Company
13 145 Prince Arthur
Montréal, QC H1A 1A9
Attn: Customer Service
Dated: November 16, 2020